Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Drawings
The drawings are objected to because Figs. 17A, 18A and 18B are murky, shadowy, that the indicia-to-structure is unclear. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “first and second cams connected to respective first and second limbs’ ends (i.e., first ends) coupled to the riser” and “the end of the first and second power cables to attached to respective ends of the first and second cams” (e.g., independent claims 1, 12 and 17) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-20 rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
With respect to independent claim 1, the written description is not clear regarding “a first flexible limb including a first end and a second end, the first end coupled to the riser; a first cam mounted to the first end of the first flexible limb for rotation about a first cam axis via a first cam axle; a second flexible limb including a first end and a second end, the first end coupled to the riser; a second cam mounted to the second flexible limb for rotation about a second cam axis via a second cam axle; a first power cable including a first end portion and a second end portion, the second end portion of the first power cable attached to the second cam and configured to unwind about the second cam axis; and a second power cable including a first end portion and a second end portion, the second end portion of the second power cable attached to the first cam and configured to unwind about the first cam axis”. Within the original disclosure, in at least paragraphs [0077]-[0080] in conjunction to Figs. 13A-14B, it discuss limbs 420A/B including first ends coupled to riser 404 via brackets 422A/B; a second ends 444A/B coupled with a respective cams 440A/B, at proximate ends 444A/B (of the limbs) via axle mounts 442A/B. Thus, the cams are not coupled to a respective first ends of the limbs that are coupled to the riser via the respective first ends, as claimed.
In addition, the original disclosure, in at least paragraphs [0104]-[0107], in conjunction to Figs. 21A and 21B, it discuss power cables 610A/B attached to cams 440A/B at a first end, and attached to a cable bracket 608, at the second end. The power cables are not coupled from the first cam to the second cam as claimed.
With respect to independent claims 12 and 17, same issues as discussed above with respect to claim 1.
Dependent claims 2-11,13-16, and 18-20, rejected based upon their dependency to receptive independent claims 1, 12 and 17.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-20 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
With respect to claim 1, further clarification is required what does applicant consider “a first flexible limb including a first end and a second end, the first end coupled to the riser; a first cam mounted to the first end of the first flexible limb for rotation about a first cam axis via a first cam axle; a second flexible limb including a first end and a second end, the first end coupled to the riser; a second cam mounted to the second flexible limb for rotation about a second cam axis via a second cam axle; a first power cable including a first end portion and a second end portion, the second end portion of the first power cable attached to the second cam and configured to unwind about the second cam axis; and a second power cable including a first end portion and a second end portion, the second end portion of the second power cable attached to the first cam and configured to unwind about the first cam axis”. As mentioned above, the first end of each limbs (e.g., limbs 420A/B) are attached to a riser 404, via respective brackets 422A/B (Figs. 14A and 14B; [0077]-[0080]); the first and second cams (e.g., cams 440A/B) are not attached to the first ends of the limbs-to-the riser, as claimed. In addition, the second end of each power cable 610A/B is attached to power cable bracket 608, and not to cams 440A/B (e.g., Fig.21A; [0104]-[0107]), as claimed
With respect to independent claims 12 and 17, same issues as discussed above with respect to claim 1.
Dependent claims 2-11, 13-16, and 18-20, rejected based upon their dependency to receptive independent claims 1, 12 and 17.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AMIR ARIE KLAYMAN whose telephone number is (571)270-7131. The examiner can normally be reached Monday-Friday; 7:00 AM-4:30 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nicholas Weiss can be reached at 571-270-1775. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/A.A.K/Examiner, Art Unit 3711 10/8/2026
/JOHN E SIMMS JR/Primary Examiner, Art Unit 3711